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1. The Defendant shall pay KRW 10 million to the Plaintiff the annual interest rate of KRW 15% from November 4, 2017 to the day of full payment.
Reasons
1. Basic facts
A. On April 23, 2007, the National Bank entered into a loan transaction agreement with the Defendant on the following terms and conditions, and loaned KRW 550 million as a loan for corporate ordinary driving capital.
(1) Period of reimbursement: 15% per annum on April 23, 2010 (Extension to April 23, 2011 thereafter):
B. The Plaintiff was transferred the instant claim against the Defendant of the Defendant of the National Bank from the National Bank on December 3, 2015 between the National Bank and the Joint Asset Management Company on November 10, 2015 and the Plaintiff, the National Bank, and the Joint Asset Management Company on December 3, 2015.
C. On December 4, 2015 and December 10, 2015, a national bank issued a notice of assignment of claims to the effect that it transferred all rights, such as the rights to a loan transaction agreement, to the Plaintiff by means of content-certified mail, and publicly announced the fact of assignment of claims to the media and the C press on December 17, 2015.
As of November 3, 2017, the Defendant delayed the repayment of the above loan and the instant claim that the Plaintiff acquired as above is KRW 899,943,903 (principal KRW 335,812,853, interest interest interest KRW 564,131,050).
[Grounds for recognition] Gap 1-4's each entry and the purport of the whole argument
2. According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff, the assignee of the instant claim, KRW 100 million, which the Plaintiff seeks as part of the claim, and damages for delay calculated at the rate of 15% per annum from November 4, 2017 to the date of full payment.
In regard to this, the Defendant asserts that the statute of limitations expired after five years from the due date (2010 Ma27, Nov. 17, 2010) of the instant claim, which is a commercial claim, from the due date (2010 Ma27, when the Defendant filed an application for individual rehabilitation with the Busan District Court).
Article 32 Subparag. 3 and Article 589(2) of the Debtor Rehabilitation Act shall apply to the submission of list of individual rehabilitation creditors.